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Abstract and Keywords

This article discusses the role of language in inquisitorial systems, also known as civil law systems. It focuses on the highly professionalized inquisitorial criminal justice system in the Netherlands, where the dependence on documentary evidence is noticeable the moment one enters a Dutch courthouse. Ushers can be seen pushing trolleys stacked with files and papers, on their way to the courtroom or to the archives. The prominent role of the case file is also evident inside the courtrooms, not only as a central source of information around which the events are organized, but also as material presence. The discussion starts by considering how adversarial systems differ from inquisitorial criminal justice systems, and then describes some typical features of Dutch criminal trials, positioning these in relation to adversarial and other inquisitorial criminal justice systems. It concludes by discussing the language of Dutch criminal trials focused on the central position of the case file for the activities of the judges.

Martha L. Komter has worked as assistant professor at the departments of Criminology and Sociology of Law at the Faculty of Law of the University of Amsterdam. She is currently senior researcher at the Department of Language and Communication of the Faculty of Arts of the Vrije Universiteit in Amsterdam. She has published widely on talk in various institutional settings: job interviews, courtroom interaction, and police interrogations.

Marijke Malsch

Marijke Malsch is a senior researcher at the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR) in Amsterdam, the Netherlands. Malsch is also working as an honorary judge at the Appeals Court of Den Bosch and the District Court of Haarlem.

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